Freedom of Information Act (FOIA)

REQUESTING RECORDS FROM THE COMMISSION

Types of Documents Available from the Commission

The Commission on Civil Rights is an agency that does investigations and reports
on civil rights related issues. Copy of these reports can be downloaded from
this website, or requested by email as provided in the publications section
of this website. The Commission does not decide individual cases of
discrimination. However, the Commission does refer discrimination complainants
to the appropriate agency through its Complaint
Referral Service http://www.usccr.gov/filing/flndx.htm To
find out information about which agency handles a specific case or type of discrimination
you should identify the specific agency with the aid of our publication Getting
Uncle Sam to Enforce Your Civil Rightshttp://www.usccr.gov/filing/flndx.htm.
Should you wish to contact the agency, a list of the FOIA officers of other
agencies is included can be located at http://www.usdoj.gov/04foia/foiacontacts.htm.
If you wish to find out information about contracting opportunities or Commission
publications, you should examine the contact information section of this Web
site.

FOIA and Privacy Act

FOIA Overview

The Freedom of Information Act (FOIA), 5 U.S.C. Section 552, is a statute that
provides a process by which every person may request access to federal agency
records or information. Federal agencies, such as the U.S. Commission on Civil
Rights, are required to disclose records upon receiving a written request for
them unless those records are protected from disclosure by any of the nine
exemptions and three exclusions of the FOIA. The FOIA applies only to federal
agencies and the records in their custody. The FOIA does not create an access to
records held by Congress, the courts or by state and local governments. Any
requests for state or local government records should be directed to the
appropriate state or local government agency.

Privacy Act Overview

The Privacy Act, 5 U.S.C. Section 552a, establishes certain controls over what
personal information is collected by the federal government and how it is used.
The act guarantees three primary rights: (1) the right to see records about
oneself, subject to the Privacy Act's exemptions; (2) the right to amend that
record if it is inaccurate, irrelevant, untimely or incomplete; and (3) the
right to sue the government for violations of the statute, including permitting
others to see your records, unless specifically permitted by the act.

Executive Order 13,392, Improving Agency Disclosure of Information

On December 14, 2005, the President issued Executive Order 13,392, Agency
Disclosure of Information. In the order, the President directed agency FOIA
operations to be citizen-centered and results-oriented. The executive order
requires each agency to:

1. designate a Chief FOIA Officer,
2. establish a FOIA Service Center to enable a FOIA requester to seek
information
concerning the status of their request,
3. designate a FOIA Public Liaison, and
4. conduct a review of agency’s FOIA operations and draft a plan
for improvement for FY 2006 and FY 2007.

Filing a FOIA Request

For information concerning how to file a FOIA request or to mail, fax or email a request you should contact:

You may file an administrative appeal of a FOIA request negative determination. All appeals must be in writing, sent by certified mail and received within 90 days of the date of the decision. It should include a copy of the written denial, and may include a statement of the circumstances, reasons or arguments advance in support of disclosure. You should send your appeal to:

To request information concerning activities of the Commission State Advisory
Committees you should make a request pursuant to the Federal Advisory Committee
Act.

Section 10(b) of the Federal Advisory Committee Act (FACA), as amended, (Public
Law 92-463, 5 U.S.C. App.) provides that the records, reports, transcripts,
minutes, appendixes, working papers, drafts, studies, agenda, or other documents
which were made available to or prepared for or by each advisory committee shall
be available for public inspection and copying at a single location in the
offices of the advisory committee or the agency to which the advisory committee
reports until the advisory committee ceases to exist. Records covered by the
exemptions set forth in section 552(b) of FOIA may generally be withheld.
However, it should be noted that FOIA Exemption 5 cannot be used to withhold
documents reflecting an advisory committee's internal deliberations.